31AU.—(1) The Office may examine—

(a) complaints made by any person to the Office, or

(b) where requested by the Minister, complaints made by a person to the Minister,

in respect of a planning authority where such complaint relates to the organisation of the authority and of the systems and procedures used by it in relation to the performance of its functions under this Act.

(2) Where in respect of a complaint to which subsection (1) relates the Office has formed the opinion, having carried out a preliminary examination of the complaint and having regard to any relevant information, records or documents available to it, that an examination into the complaint would be warranted and that the planning authority concerned—

(a) may not be carrying out its functions in accordance with the requirements of or under this Act,

(b) is not in compliance with guidelines issued under section 28, a directive issued under section 29, or a direction issued under section 31,

(c) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the conduct of its functions,

(d) may be applying systemic discrimination in the conduct of its functions,

(e) may be operating in a manner whereby there is impropriety or the risk of corruption in the conduct of its functions, or

(f) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the conduct of its functions,

then the Office shall decide to undertake an examination or to prepare a report on the preliminary examination (including any recommendations) and, where an examination is undertaken, prepare a report on the examination (including any recommendations) and, accordingly, the Office shall as it considers it appropriate in the circumstances—

(i) submit the report concerned to the planning authority or the Minister or to both, or

(ii) submit the report concerned or complaint, including any relevant information, records or documents available to one or more of the following:

(I) the Ombudsman;

(II) the Standards in Public Office Commission;

(III) the Garda Síochána;

(IV) such other State authority as may be prescribed.

(3) A recommendation by the Office relating to a planning authority, which is included in a report under subsection (2) may include a recommendation that the Minister consider exercising his or her functions under any of the following:

(a) section 28 to issue guidelines;

(b) section 29 to issue policy directives;

(c) subsection (2) of section 255 to give a directive under that subsection;

(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned.

(4) Where upon a preliminary examination of a complaint, the Office is of the opinion that a complaint received by it is not one to which subsection (1) relates, then it shall cease to examine it for the purposes of the other provisions of this section but may, if the Office considers it appropriate in the circumstances, refer it to, or refer the complainant to, the Minister or a body to which subsection (2)(ii) relates.

(5) The Office may—

(a) having carried out a preliminary examination of a complaint to which subsection (1) relates, decide not to carry out an examination under this section into any matter in respect of which a complaint is made, or

(b) decide not to conduct a preliminary examination, or to discontinue a preliminary examination, under this section into such matter if the Office forms the opinion that—

(i) the complaint cannot be substantiated or appears to the Office to be trivial or vexatious in nature,

(ii) the person making the complaint, or the person in respect of whom the complaint was made, does not appear to have any interest in the subject matter to which the complaint was made,

(iii) the person making the complaint has not taken reasonable steps to pursue the subject matter of the complaint with the planning authority concerned,

(iv) the person making the complaint has not exhausted any appeal or review procedures open to him or her in respect of the subject matter of the complaint, or

(v) legal proceedings have been instituted in respect of the subject matter of the complaint.

(6) Where the Office makes a decision under subsection (5) it shall in writing inform the person who made the complaint of the reasons for the Office’s decision.

(7) In determining whether to initiate, continue or discontinue a review or examination under this section, the Office of the Planning Regulator shall be subject to the provisions of this section.

(8) An examination by the Office of the Planning Regulator shall not, of itself, affect the validity of the matter examined or any power or duty of the performance of the function of the planning authority or the Board under this Act to exercise further functions of the planning authority or the Board under this Act with respect to any matters the subject of the examination.

(9) The Office shall not exercise any of its functions in relation to any particular case with which a planning authority or the Board is either involved or could be involved.]